posted
When I was in college, my father cosigned a loan for me for a new automobile. The car has always been mine, and I've made all the payments, I just needed a cosigner because of lack of established credit and lack of high income.
It's been 4 years, I've sinced married, graduated, and been working full time about 700 miles away from home in a different state. I'm refinancing the loan to put my wife on the vehicle title in order to help build her credit (she has none at all) and it free up my father's credit a bit.
I've done all the paperwork, but there are several things my father and I need to sign together (on the same line, presumably at the same time), since he is on the title and registration. The problem is that travelling home isn't really practical. Several of the documents (notably odometer disclousure and release of title) have to be notorized.
How do I do this? The only thing I could think of is if I sign the document here, have it notorized, then send it there to have him sign it and have it notorized. Does that work? Is there a better way to do it?
Posts: 1412 | Registered: Oct 2005
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posted
I'd ask. It can't hurt to ask. And it's way better to ask now than to waste the time, effort and money necessary to get documents signed and notarized twice in different states.
Posts: 246 | Registered: Jul 2006
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The notary MUST watch the person sign the document and verify their identity if the person is not already known to them (i.e., I could notarize a document for a friend/relative without ID so long as the relationship doesn't violate the Notary Code - I can never notarize for my parents or siblings - because I personally know them). So if both your signatures need to be notarized, you either need to be together with a single notary or you need to have the document notarized twice. And depending on what it is and the state's requirements, a double notary may not be permissible. You will need to check with the agency requiring the forms (DMV, bank, etc.) for their particular needs with regard to the notary.
Posts: 4515 | Registered: Jul 2004
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A signing does not necessarily mean being physically there in person. For instance, a video conference where you show ID and then fax a copy you have signed might well be okay.
Posts: 15770 | Registered: Dec 2001
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If the agency is willing to accept a fax signature from one or the other, perhaps. When I was working in court reporting, we used to swear in witnesses over video conference with a fax copy of their ID to compare to the person on the screen, but I think we were told that for the purpose of certifying a signature, it had to be in person for the original signatures of both.
Edit to add: from the Illinois Notary Handbook: "If a document requires the administration of an oath, the person must personally appear before the notary, be administered the appropriate oath, and sign the document in the notary’s presence. If the document requires an acknowledgment, the person must appear before the notary and acknowledge the document."
In both cases, physical presence is required.
(p.s. and thanks for getting to me to look at the Code again, I can in fact notarize for family so long as I'm not a party to the document I'm notarizing!)
Posts: 4515 | Registered: Jul 2004
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posted
It sounds like there are two things happening: 1) taking out a new loan (paying off the loan in your and your father's names and getting a new one in your and your wife's names) and 2) transferring the title of the vehicle (from you and your father to you and your wife). On paper, you and your father are selling the vehicle to you and your wife.
Dealing with #1 - Since I've really only dealt with title transfers of vehicles paid for with cash, not loans, I'm not sure how the loan specifics will work out, but I'm sure the loan company should be able to answer those questions for you.
Does the loan company require that the loanholders be the same as the owners listed on the title? Are you required (by the loan) to transfer the title on the vehicle (to you and your wife) or can you leave the title as is (in your and your father's name)?
Dealing with #2 - How exactly is the vehicle titled? Is it you AND your father? You AND/OR your father? You OR your father? If it is one of the 2 latter options, you should only require 1 signature (whoever has the title handy). If it is the first, then yes, both of you need to sign (I would think that having it separately signed and notarized would be perfectly acceptable - check with the DMV to be sure).
Posts: 5879 | Registered: Apr 2001
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posted
Yes ludosti, that's exactly right. I thought the title was OR, but it may have been defaulted to AND I'm not sure.
Cool, thanks for the timely advice everyone. I did call the Nevada DMV, and according to them, my father's and my signatures can be notarized seperately.
Posts: 1412 | Registered: Oct 2005
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